Legal Question in Wills and Trusts in New Jersey

Re: Estate/trust

I am presuming nothing has ever been confirmed in writing, so there is no written evidence of the agreements or obligations. Presuming all of this can be verified, the gifting created a constructive trust in favor of the sister, also creating a fiduciary obligation on the brother. The sister would be entitled not only to her share of the principal, but also her share of any appreciation or gains. While she can sue for an accounting, she probably will have an uphill battle, if she cannot prove the arrangement. Socondary proof, like affidavits from people who knew of the arrangement might help. This can be costly litigation and time consuming, so be prepared.

Re: Estate/trust

I have read what the other attorney wrote, and as usual, Walter is right on point.

I have handled a couple of nasty lawsuits like this; it will be difficult and the result is uncertain. However, if the sister does nothing, then she apparently will get nothing. It might be possible to force the brother to also pay for her attorney's fees.

The trick will be to have an attorney pursue this for her and NOT spend more on fighting it than it is worth. That takes careful lawyering, and some planning ahead of time.

If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss

this with you; a brief telephone consultation will be free.

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